Supporters of the bill contended the measure is not subject to referendum because it involves funding of state government programs.

However, Silkworth found that the Maryland Dream Act is not a law making any appropriation. Instead, he found it is an act of general legislation to change eligibility requirements for students to receive in-state tuition.

As a result, the judge concluded the measure is subject to referendum on the November general election ballot.

A petition drive by opponents of the measure has already been certified as successful by the state elections board to put the measure on the ballot.